European law has direct effect in national courts

A ruling by the European Court of Justice (ECJ) has established that workers can bring claims directly under European law in their own national courts if their government has been late in implementing that law.

All EU member states were required to implement a European agreement on fixed-term workers by 10 July 2001, but Ireland’s legislation did not come into effect until 2003.

Trade union IMPACT then brought claims in the Irish Labour Court, alleging that civil servants working on a series of fixed-term contracts were treated less favourably in respect of pay and pensions during that period.

The ECJ held that, because the agreement is sufficiently clear in the rights it gives fixed-term workers, it has direct effect in all member states. This means that the relevant court or tribunal must allow claims based directly on the agreement.

IMPACT v Minister for Agriculture Case C-268/06